HomeMy WebLinkAboutCouncil June 25 1996WHATCOM COUNTY COUNCIL
Regular Council Meeting
June 25, 1996
The meeting was called to order at 7 p.m. by Council Chair Ward Nelson in the Council
Chambers, 311 Grand Avenue.
Also Present: Absent:
Marlene Dawson None
Barbara Brenner
Tom Brown
Alvin Starkenburg
Kathy Sutter
Robert Imhof
ANNOUNCEMENTS
Nelson reported the following from executive session:
Discussion with Chief Civil Deputy Prosecutor Randy Watts regarding two cases
of pending litigation (AB96 -077), one of which involved a deputy sheriff.
Discussion with Senior Deputy Prosecutor Daniel Gibson regarding possible litigation
(AB96 -077). Council gave direction.
SPECIAL PRESENTATION
1. SPECIAL PRESENTATION BY WHATCOM COUNTY EXECUTIVE PETE
KREMEN (AB96 -245)
Executive Kremen presented Jeff Monsen, Public Works Director, with the 1996 Engineer
of the Year award from the Washington State Association of County Engineers.
2. ART ANDERSON, ASSOCIATED GENERAL CONTRACTORS OF
WASHINGTON, NORTHERN DISTRICT, TO PRESENT AN AWARD TO
WHATCOM COUNTY EXECUTIVE PETE KREMEN FOR HIS SUPPORT
AND PARTICIPATION IN CELEBRATE CONSTRUCTION WEEK
(AB96 -245)
Art Anderson, Associated General Contractors of Washington; Kim Sphinx, Northern
District Vice President; and Kathy Bovenkamp, Joint Governmental Affairs, presented the award
to Pete Kremen, County Executive.
Regular Council Minutes, 6/25/96, Page 1
OPEN SESSION
The following person addressed the Council in open session:
Rita Foley, South Lake Whatcom: Thanked Jeff Monsen, Public Works, for putting up
deer signs on South Bay
CONSENT AGENDA
Imhof reported for Finance and Administrative Services Committee and moved approval
of consent agenda items 1 through 6 with item 7 being held in committee until further review.
Brenner requested to remove item 2.
Brown requested to remove item 6.
Starkenburg requested to removed item 1.
Imhof moved to approve consent items 3, 4 and 5.
Motion carried unanimously.
1. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
GRANT APPLICATION TO THE DEPARTMENT OF ECOLOGY FOR A
SHORELANDS AND COASTAL ZONE MANAGEMENT PROGRAM (AB96-
238)
There was discussion.
Starkenburg moved to request that the Chair write a letter to the Department of Ecology
requesting that another individual be the project officer, as the Council desires a cooperative
relationship.
There was discussion on the motion.
Motion to approve the amended motion carried unanimously.
Main amended motion carried unanimously.
2. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT FOR PROFESSIONAL SERVICES WITH LANE
POWELL SPEARS LUBERSKY FOR LEGAL COUNSEL (AB96 -239)
Regular Council Minutes, 6/25/96, Page 2
Imhof moved approval.
Motion carried 6 -1 with Brenner opposed.
3. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO EXTEND THE
ORIGINAL BID FOR JAIL COMMISSARY SUPPLIES FOR AN
ADDITIONAL YEAR (AB96 -240)
4. REQUEST BID AUTHORIZATION FOR THE EXECUTIVE TO PURCHASE
TIRES VIA WASHINGTON STATE CONTRACT #01195 (AB96 -241)
5. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT WITH ST. JOSEPH HOSPITAL FOR AIDE AND
YOUTH OUTPATIENT SERVICES (AB96 -242)
6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE COUNCIL OF GOVERNMENTS
TO COMPLY WITH THE TRANSPORTATION DEMAND MANAGEMENT
LAW (AB96 -243)
There was discussion on this item.
Imhof reported for Finance and Administrative Services Committee and moved approval.
There was discussion on the motion.
Motion carried 5 -2 with Brenner and Brown opposed.
7. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A
ONE -YEAR LEASE WITH FRIESEN ELECTRIC FOR WAREHOUSE SPACE
TO STORE ELECTION EQUIPMENT (AB96 -244)
Imhof reported that this item was held in committee until further review.
PUBLIC HEARING
1. ORDINANCE GRANTING A 25 -YEAR NON - EXCLUSIVE FRANCHISE TO
TRANS MOUNTAIN OIL PIPE LINE CORPORATION (AB96 -208)
Mary Scrimsher, Executive's Office, gave a staff report, stating the ordinance is granting a
25 year non - exclusive franchise to Trans Mountain Oil Pipe Line Corporation. This ordinance
would nullify the previous ordinance that the County has with Trans Mountain. She introduced
Regular Council Minutes, 6/25/96, Page 3
Phil Sharpe, attorney for Trans Mountain Oil Pipe Line Corporation, to present his letter
regarding the uniqueness of Trans Mountain. Ms. Scrimsher stated that the memo was reviewed
by Randy Watts, Civil Deputy Prosecutor.
Mr. Sharpe presented issues regarding the franchise. Discussion followed.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Imhof moved approval of the ordinance and to amend to include the four items addressed
in the letter of June 17, 1996 from Phil Sharpe on packet pages 215 - 217 (construction standards;
relocation of line and facilities; County road work permitted; and vacations) and instruct the
administration to include them in the ordinance.
Discussion followed.
Brenner moved to amend the motion to delete the language "and for reasonable purposes"
on Section 4.
Motion failed 2 -5 with Brenner and Brown in favor.
Motion to amend to add the four items in the letter carried 6 -1 with Brenner opposed.
Motion for approval of the amended ordinance carried unanimously.
The following are the changes to the provisions in the draft franchise agreement:
Section 4: Construction Standards. Insert the words "and for reasonable
purposes" after the phrase "upon reasonable notice" and before the phrase "require
the removal and replacement thereof."
"...and the County expressly reserves the right to prescribe how and where oil
transmission lines shall be installed and may from time to time, upon reasonable
notice a d€> fe song . i "' °asps require the removal and replacement thereof in
the public interest, at the expense of the franchise holder."
Section 11(a): Relocation of Line and Facilities. Strike the word "immediately"
appearing in the seventh line of this section and insert in its place "within a
reasonable time."
Regular Council Minutes, 6/25/96, Page 4
"...State Highway as provided by law, the Grantee upon written notice from the
Director of Public Works or the Director of Highways, shall at its sole expense,
............................ ...............................
immediate ► t € a a % change the location or readjust the elevation
of its... ".
Section 12: County Road Work Permitted. Eliminate the language appearing in
the fifth line of the provision granting "48 hours" notice of blasting or other work
and insert in its place "30 days." To accommodate emergencies, add the following
language to the end of the provision:
"Providing further that in the event of the declaration of an emergency by the
County Executive or County Council, the time of notice to the Grantee may be
reduced to not less than 48 hours."
........ ...............................
....... ...............................
"...provided that the Grantee shall be given - t<({s
notice of said blasting or other work in order that the Grantee may protect its lines
............................................................................................................................................ ...............................
and facilities...' d : xat::x <lie:::ev
Section 14: Vacations. Eliminate the language appearing in the next to the last
line of the provision stating "a minimum of 10 foot wide" and insert at the end of
the provision the following language: "of a width which matches that of the
abutting pipe line easements."
"...Prior to vacation, Grantee shall be granted a
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}':::.::i::::i:: ? ?ili;:' i {: 1:::i:� :ti:: ii::i:::.iii;;> ?i ;;i'• } }:: �:::: iii: '.:i::::::::::'ijii<}$S ; jl.
permanent easementfa?ticluh?ttciltbxjtt .1::::;lirt
p .... :.... : :.g .1..
as�irrit for any existing utility line."
2. RESOLUTION GRANTING BACK COUNTY RIGHT -OF -WAY,
SPECIFICALLY INVOLVING PARCEL #400104- 014091 (AB96 -21OA)
Barbara Cory, Treasurer, gave a staff report.
Nasser Mansour, Engineer, Public Works, also spoke.
Nelson opened the public hearing, and the following person spoke:
Donna Clark, 1041 Coronado (Chair Nelson instructed her to contact Council Member
Brenner and for Brenner to place Clark's concern about road vacations in Public Works and
Capital Projects Committee.)
Hearing no one else, Nelson closed the public hearing.
Regular Council Minutes, 6/25/96, Page 5
Imhof moved approval of the resolution.
Motion carried unanimously.
3. RESOLUTION AUTHORIZING THE SALE OF TAX PROPERTY, REQUEST
#96 -3 (AB96 -211A)
Barbara Cory, Treasurer, gave a staff report. Discussion followed.
Nelson opened the public hearing.
Hearing no one, Nelson closed the public hearing.
Brenner moved to postpone the vote for later in the meeting until Dan Gibson, Council's
counsel, has an answer to her question regarding collection of taxes, interest and penalties and
costs incurred through a foreclosure.
Motion to postpone carried unanimously.
Gibson reported on the issue of a minimum bid.
Brown moved to amend the resolution by setting the minimum bid at $1.00.
Motion carried unanimously.
Main motion as amended carried unanimously.
4. ORDINANCE RELATED TO LAND USE AND ZONING AND ADOPTION
OF NEW ADMINISTRATIVE PROCEDURES FOR PROCESSING PROJECT
PERMIT APPLICATIONS AS REQUIRED BY THE REGULATORY
REFORM ACT, CHAPTER 36.20B RCW (AB96 -233)
Michael Knapp, Director of Planning & Development Services, noted this ordinance is
mandated by state law. He introduced Terry Galvin from his department, who gave a staff report
regarding the permitting process.
Nelson opened the public hearing, and the following people spoke:
Joe Elenbaas, 600 E. Smith Road
Rita Foley, South Lake Whatcom
Hearing no one else, Nelson closed the public hearing.
Regular Council Minutes, 6/25/96, Page 6
Starkenburg reported for Planning and Development Committee and moved to request the
ordinance be returned to Planning and Development Committee for two weeks (July 9 agenda),
thereby allowing the public record to be held open.
Motion carried unanimously.
5. RESOLUTION ESTABLISHING THE SIX -YEAR TRANSPORTATION
IMPROVEMENT PROGRAM FROM 1997 -2002 PER RCW 35.77.010 AND
RCW 36.81.121 (AB96 -212A)
Jeff Monsen, Public Works, answered questions from Council Members.
Nelson opened the public hearing, and the following person spoke:
Donna Clark, 1041 Coronado Street
Hearing no one else, Nelson closed the public hearing.
Brenner moved to amend the plan to put Tyee Road ahead of Johnson Road.
Nasser Mansour, Engineer, Public Works, reported that the right -of -way has not been
granted in order for Tyee Road to be ready yet.
Discussion followed. Other roads discussed included Park Road; Old Lakeway; Benson
Road; Lake Louise; and the Whatcom Connector. Nelson brought up the possibility of using a
toll road.
Imhof moved approval of the resolution.
Motion carried unanimously.
OTHER ITEMS
1. REQUEST AUTHORIZATION FOR COUNCIL TO ENTER INTO
AMENDMENT #1 TO PROFESSIONAL SERVICES CONTRACT #9602049,
HEARING EXAMINER SERVICES PROVIDED BY MICHAEL BOBBINK
(AB96 -050A)
Imhof reported for Finance and Administrative Services Committee and moved to
recommend approval of the contract.
Motion carried unanimously.
Regular Council Minutes, 6/25/96, Page 7
2. RESOLUTION WITHDRAWING THE MILL WHEEL MOBILE HOME
COMMUNITY FROM THE SERVICE AREA OF WHATCOM COUNTY
WATER DISTRICT NO. 10 (AB96 -221)
Brenner reported for Public Works and Capital Projects Committee and moved approval
of the resolution.
Motion carried unanimously.
Sutter moved to request that a letter be sent to Water District 10 requesting the
consideration that the 64 free sewer connections be given to Sudden Valley. After discussion,
Sutter withdrew her motion.
2a. DISCUSSION AND POSSIBLE ACTION OF PUBLIC ACCESS ADVISORY BOARD
AND TCI (AB96 -252)
Brenner moved to approve the formation of the Advisory Board.
Motion carried 4 -3 with Brown, Starkenburg and Imhof opposed.
3. RESOLUTION APPROVING RECOMMENDATIONS FOR OPEN
SPACE /OPEN SPACE, OPEN SPACENARM AND AGRICULTURE
CONSERVATION AND OPEN SPACE /TIMBER APPLICATIONS (AB96 -246)
Starkenburg reported for Planning and Development Committee and moved approval of
the resolution with the exception of Woodside Church, which is to be held in committee for
further committee discussion.
Discussion followed.
Motion to approve the resolution with the exception of Woodside Church to be held in
committee carried unanimously.
4a. DISCUSSION REGARDING ACCESSORY HOUSING WITHIN THE CONFINES OF
THE WHATCOM COUNTY COMPREHENSIVE PLAN (AB96 -251)
Starkenburg reported for Planning and Development Committee and moved to support a
Community Development Block Grant (CDGB) application for funding to assist in the planning of
a feasibility analysis for the creation of affordable housing.
Motion carried unanimously.
Regular Council Minutes, 6/25/96, Page 8
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4. APPOINTMENT TO FILL A VACANCY ON THE SEWAGE CONTROL
APPEALS BOARD (AB96 -124A)
Nelson opened the nominations.
Dawson nominated Vincent Young.
Brenner nominated Martin LaVergne.
Nelson closed the nominations.
NAME
DAWSON
BRENNER
BROWN
NELSON
SUTTER
IMI-IOF
STARKEN.
LAVERGNE
X
X
YOUNG
X
X
X
X
X
Vincent Young was appointed.
INTRODUCTION ITEMS
Dawson moved approval of the introduction items.
Motion carried unanimously.
1. FINAL DRAFT URBAN GROWTH AREA INTERLOCAL COOPERATION
AGREEMENT (AB 96-042A) (HEARING TO BE SCHEDULED)
2. ORDINANCE GRANTING A 25 YEAR NON - EXCLUSIVE FRANCHISE TO
MERIDIAN SCHOOL DISTRICT FOR THE INSTALLATION AND
MAINTENANCE OF A FIBER OPTICS LINE FOR A COMMUNICATION
CONNECTION TO THE SCHOOLS' INTRADISTRICT (AB96 -247)
(HEARING TO BE SCHEDULED)
3. ORDINANCE EXTENDING THE INTERIM ZONING ORDINANCE,
CHAPTER 2.24A, UNTIL JULY 15, 1997 OR UNTIL PERMANENT ZONING
IS ESTABLISHED FOR ALL AREAS WITHIN WHATCOM COUNTY
JURISDICTION (AB96 -248)
4. RESOLUTION OF INTENT REGARDING LAND USE PLANNING ON THE
LUMNII INDIAN RESERVATION (AB96 -248A)
5. ORDINANCE AMENDING THE BUDGET, REQUEST #5 (AB96 -249)
Regular Council Minutes, 6/25/96, Page 9
REPORTS AND OTHER ITEMS FROM COUNCIL MEMBERS
Accessory Housing (AB96 -251): Starkenburg stated this item was discussed in Planning
and Development Committee. He instructed staff to continue working on this item, and pass the
information to the Planning Commission.
- Starkenburg also reported that the City of Lynden requested a letter from Council for
recommendation to grant permission to form a recreational facilities IAC funding program.
Nelson requested that if any Council members have objections to please get back to him by
June 26, 1996.
- Starkenburg further mentioned the transportation forum that took place last Wednesday.
The purpose of the forum was to respond to the state regarding state transportation requests.
- Dawson reported a letter received regarding the Lake Samish dam.
Human Services Review Committee (AB96 -021): Nelson noted the new director of
mental health will be available on July 9 at 1 p.m. regarding issues of North Sound Regional
Support Network's ( NSRSN) concerns. He encouraged Council members to speak with the
director in order for Nelson to get Council members' consensus, as he is a voting member of the
NSRSN board.
Comprehensive Plan Review (AB96- 051A): Dan Gibson has scheduled another
meeting with Mr. Mackee regarding growth management issues on June 28 from 9:30 a.m. to
1:30 p.m.
ADJOURN
The meeting was adjourned at 10 p.m.
Nadean Hanson, Recording Secretary
These minutes were approved by the Council on A u g u s t 6 , 1996.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown - Davis, Council Clerk L. Ward Nelson, Cou cil Chair
Regular Council Minutes, 6/25/96, Page 10